Marler Blog

November 29, 2025

ByHeart Infant Formula went to 21 Countries. Are infants ill? Are they getting the BabyBIG botulism anti-toxin?

The FDA has published the following warning: Consumers worldwide should not use any ByHeart brand infant formula as all ByHeart products are included in this recall. As we know, as of November 26, 2025, a total of 37 infants with suspected or confirmed infant botulism and confirmed exposure to ByHeart Whole Nutrition infant formula (various […]

July 07, 2009

I Never Thought I Would Live to See the Day – Food Safety in the Age of Obama

In 16 years of litigating thousands of foodborne illness cases and taking over $500,000,000 from food companies, I really may live to see the government "put me out of business."  Here are the talking points for today’s Food Safety Working Group Event.  Now the only issues will be financing and execution. PRESIDENT’S FOOD SAFETY WORKING […]

July 07, 2009

Obama’s Food Safety Working Group to Take a Bite Out of Food Safety

The President’s Food Safety Working Group will announce today at 1:30 Eastern Time that the Food and Drug Administration and the Agriculture Department will adopt new standards targeted at combating foodborne illnesses in the United States. According to a pre-release, under the new rules: • The FDA will help the food industry establish better tracing […]

July 06, 2009

Food Safety Advocates Marler Clark File First E. coli Lawsuit against JBS Swift Beef Company on Behalf of Gravely Ill Victim

The first lawsuit stemming from the current E. coli O157:H7 (E. coli) recall by JBS Swift Beef Company of Greeley, Colorado that has been linked to 23 E. coli illnesses in California, Maine, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, New York and Wisconsin was filed today on behalf of an Albuquerque-area child who […]

July 04, 2009

Before You Light the Grill Check the FSIS Retail List of JBS Swift Recalled E. coli Beef

Good to see USDA/FSIS and JBS Swift are working on the 4th.  The list of retailers is now is 82 pages long.  The E. coli O157:H7 Illnesses are at least 23 in 9 states. I am off to California and New Mexico in the morning to meet with two HUS victims of this recall.

July 03, 2009

So, how does your garden grow?

We have had very warm and dry weather over the last six weeks and the garden has exploded!  We have already eaten lettuce, peas, carrots, beet greens, basil and radishes.  The corn is well over knee high well before the 4th of July.  We will soon be overwhelmed by tomatoes of every color and type.

July 03, 2009

The Net Tightens Around Retailers Who Received JBS Swift E. coli Meat – 23 Reported Ill in California (4), Maine (1), Michigan (6), Minnesota (1), New Hampshire (1), New Jersey (2), New Mexico (1), New York (1) and Wisconsin (6).

JBS Swift USA and the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) have released a list of retailers that received meat that may have been tainted with E. coli.  JBS Swift USA has recalled more than 420,000 pounds of beef that left the Greeley packing plant in April.  The retail outlets include: […]

July 03, 2009

Wegmans Recalls Fresh Anaheim Peppers Due to Salmonella Risk

Batch/UPC Code:  Anaheim peppers sold since June 11, 2009. Reason for Recall:  Wegmans has removed fresh Anaheim peppers from its Produce departments due to the possibility of salmonella contamination. The FDA is currently investigating the situation. If you still have Anaheim peppers, please throw them away. Do not return them to the store. You may […]

July 03, 2009

Just in Time for the 4th of July Weekend Another Warning About the Meat We Eat – NPR Interview of Marler

Health officials with The Atlanta based Centers for Disease Control and Prevention say at least twelve people have been hospitalized in connection with a possible E. coli outbreak in beef. WGPB’s John Sepulvado reports some three hundred eighty thousand pounds (actually 420,000) of beef have been recalled in connection to the outbreak: Colorado’s JBS Swift […]

July 02, 2009

JBS Swift and FSIS Name Names – Retail Stores That Received E. coli Beef

It really is a bit hard to imagine what today was like for JBS Swift and the FSIS – checking the list of retailers that might have received the 210 Tons of E. coli O157:H7 meat.  This morning a few names trickled out – this evening a torrent, tomorrow a flood?  Here is the most […]

July 02, 2009

Interview with James F. Neale, Esquire – Food Illness Defense Guy

I got the heads-up that Jim had been interviewed by Law 360 and actually said something nice about me. Thinking that it could not be so – since I once suggested that his skills as a defense lawyer reminded me of the kids that looked so closely at the details that “they burned the wings […]

July 02, 2009

72 People Linked to Nationwide Nestle Cookie Dough E. coli O157:H7 Outbreak

We have been retained by 20 of these linked cases (4 HUS) and have thus far filed suit in 3 cases.  We have not filed any suits this week waiting to see if Nestle will offer to pay the acute phase medical expense and wage loss of its customers.  From the CDC last night: 72 […]

July 02, 2009

“Hot off the Grill” in Time for 4th of July Weekend – FSIS List of Retail Outlets that Received JBS Swift E. coli Meat

A few days before many of us light up the barbeque, JBS Swift and the FSIS finally publish the list of retailers who received the tainted-meat (click on below). Frankly, the retailer names had trickled out over the last few days as responsible stores alerted thier customers.  Whats a bit odd, it that the location […]

July 01, 2009

California, Maine, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, New York and Wisconsin Report 23 E. coli O157:H7 Sicknesses Linked to JBS Swift – When will FSIS Release the Names of Stores Where Meat Was Sold?

On June 24, FSIS issued a notice about a recall of 41,280 pounds of beef products from JBS Swift Beef Company that may be contaminated with E. coli O157:H7. On June 28, the recall was expanded to include 380,000 pounds of assorted pieces of beef (beef primal products) from the same company. The CDC reports […]

July 01, 2009

Thank God for Bloggers – USDA Missing In Action – eFoodAlert Fills In Some Recall Blanks

From eFoodAlert: Since USDA hasn’t yet posted a retail consignee list for the JBS Swift Beef Company meat recalls, we’ve decided to pitch in. The following is a list of live links to retail-level recall announcements that were triggered by the JBS Swift recalls. If you shop at any of these grocery stores, please follow […]

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